On Jan. 20, 2016, TCEQ commissioners approved publication of rulemaking implementing Senate Bill (SB) 912, 84th Legislature, related to volume-based exemptions from reporting requirements for certain accidental discharges or spills from wastewater treatment facilities or collections systems.
The rulemaking includes proposed new Section 305.132, amended section 327.1, and proposed new Section 327.32 of the Texas Administrative Code (TAC).
The proposed rulemaking will allow any single, accidental discharge or spill of treated or untreated domestic wastewater that occurs at a wastewater treatment or collection system owned or operated by a local government to be reported to the TCEQ monthly, as a summary of spills, provided the following conditions are met:
- the spill volume is 1,000 gallons or less;
- it is not associated with another accidental discharge or spill;
- it is controlled or removed before entering water in the state;
- it does not adversely affect a public or private source of drinking water;
- it will not endanger human health or safety or the environment; and
- it is not otherwise subject to local regulatory control and reporting requirements.
Additionally, the proposed rules require the owner or operator of the facility or collection system to use one of three standard methods in the proposed rule when calculating the volume of a discharge or spill. The proposed rules will also implement SB 912 by requiring the TCEQ to consider the compliance history of the individual and to establish procedures for formatting and submission of the monthly summary (including location, volume, and content of each accidental discharge or spill that occurred during the preceding month).
The proposed rules will be published in the Texas Register on Feb. 5, 2016, which opens the public comment period. Comments are due by March 7, 2016. The TCEQ will hold a public hearing on March 1, 2016, in Austin at the TCEQ headquarters located at 12100 Park 25 Circle, Building E, Room 201S, at 2:00 p.m. The anticipated adoption date is May 11, 2016, and the effective date of the rules will be June 2, 2016.
To obtain a copy of the proposed rule, visit the TCEQ website at: https://www.tceq.texas.gov/rules/prop.html
For more information on providing comments to the TCEQ: https://www.tceq.texas.gov/about/comments.html